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Category: Legal

Another CASL fine assessed

This week the Canadian Radio-television and Telecommunications Commission (CRTC) announced a $50,000 fine against Blackstone Learning Corp. for violations of CASL. In early 2015, the CRTC identified over 380,000 emails sent without the consent of recipients and fined Blackstone $640,000. Blackstone appealed the ruling and the Commission lowered the fine to $50,000. I strongly recommend […]

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Affiliates can be liable for fraud

An article popped up on LinkedIn about a recent 2nd court of appeals ruling that I thought was interesting. Back in 2011, the FTC and the state of Connecticut filed suit against a company called LeanSpa and their affiliate marketer called LeadClick. LeanSpa sold various diet products through negative option marketing. LeadClick was the affiliate […]

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Electronic records outside US not covered by US warrants

The 2nd Circuit Court of Appeals ruled against the Government today in US Government vs. Microsoft. The government is investigating a drug dealer and want access to records held by Microsoft. Microsoft turned over metadata stored on US machines. But they refused to turn over the specific emails stored on machines in Dublin. The company’s […]

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US-EU Privacy Shield Approved

Since the Safe Harbor rules were struck down by EU courts, the US and EU have been in negotiations to replace it. This morning (pacific time) the EU approved the new rules called Privacy Shield. WSJ Article

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Sanford Wallace goes to Jail

Sanford Wallace has been sentenced to 2 years in jail by the US District court in San Jose for contempt of court and electronic mail fraud. Sanford has been around for more than 2 decades. He is one of the spammers that drove me to learn how to read headers and report spam back in […]

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Ask Laura: Confused about CAN SPAM

Dear Laura,  I read your blog post about CAN SPAM earlier this week, and there’s one thing that confuses me. You never mention that harvesting addresses is a violation. I’ve seen many other people, including lawyers, assert that harvesting addresses is a violation of CAN SPAM. Why did you leave that out? Signed, Hopeful maker […]

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Let’s talk CAN SPAM

Earlier this week I posted about the increased amount of B2B spam I’m receiving. One message is not a huge deal and I just delete and move on. But many folks are using marketing automation to send a series of emails. These emails often violate CAN SPAM in one way or another. This has been […]

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Fraud, terms of service and email marketing

Here at the Atkins house we’re still both recovering from the M3AAWG plague. I don’t know what it was that we shared during the conference, but it’s knocked many folks over. I don’t have a lot to blog about this afternoon so I was looking through some of my old blog posts to get at […]

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Hands off address books

Germany’s highest court has ruled that Facebook’s practice of harvesting email addresses from their users contact lists in order to send invitations to them constitutes “advertising harassment” and violates German law on data protection and unfair trade practices. This in response to a suit filed by the Federation of German Consumer Organisations (VZBV) What the judgment […]

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Still Spamming…

This morning I woke up to news that Sanford Wallace pled guilty to spamming. Again. Sanford was one of the very early spammers (savetrees.com). He moved to email from junk faxing when Congress made junk faxing illegal in 2005. He sued AOL when AOL blocked his mail. He lost and the courts maintained that blocking […]

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  • Vague reports of Yahoo problems

    A number of people, on different forums, have been asking if anyone is seeing a higher bounce rate than usual with Yahoo. Not sure exactly what's going on here. As I understand it, folks are talking with Yahoo about it. If I hear anything more, I'll share. For now, though, if you're seeing a small increase in Yahoo bounces (or other weirdnesses) others are seeing something odd, too.No Comments


  • Responsive design just got easier at Gmail

    Today Gmail announced they are supporting media queries in Gmail and Google Inbox. This should simplify the creation of emails for multiple platforms. The full list of supported rules can be found on the Google Developer Site.No Comments


  • Brief blogging break

    Sorry about the unexpected hiatus. I picked up a cold that really made me feel fuzzy and writing was an exercise in futility. I'll be back Monday. Meanwhile, Oracle bought another ESP (Bronto) when they bought NetSuite.  No Comments


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